B.C. tribunal dismisses woman’s $4,419 claim over allegedly dusty, mouldy hay

A B.C. woman’s $4,419 claim against an equestrian facility has been dismissed after she alleged that hay she bought there was generally unsuitable because it was dusty and mouldy. Her claim included the cost of the hay and renting a forklift to move it. The facility said the hay it sold was fine.

A June 2024 invoice provided to the B.C. Civil Resolution Tribunal showed that 10 1,200-pound hay bales were delivered for $4,066, including tax, and paid for by e-transfer. The woman said her horses graze in a field during the summer and do not need hay then. When she opened the first bale in September, she said she found dust and mould.

She submitted a video showing dusty hay, but the tribunal said it could not draw conclusions from it. While some dust was visible when the hay was shaken, the tribunal said it could not determine whether the amount was unusual or whether it indicated mould. The woman also said her veterinarian advised that some sections were dusty and mouldy and should not be fed to the horses unless thoroughly soaked, but she did not provide a statement from the veterinarian.

The respondent offered possible explanations for deterioration after delivery and questioned whether the woman’s storage practices could have caused mould growth. Without expert evidence, the tribunal dismissed the claim and awarded no damages.